Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page…

The author distinguishes between the Supreme Court’s finding of a Constitutional right of personal privacy from governmental action and actions by private employers. “Instead of defining those rights, arbitrators assume…

The author describes the pernicious effects of performance monitoring on employees: its intrusiveness, the lack of notice afforded employees of its use and how the data gathered will be used,…

Monitoring of call center employees’ conversations and data about phone use and computer use data raise “right of privacy” issues. Judicial and legislative approaches to the issue are examined, as…

The author gives an overview of the public sector restraints on drug testing, and private sector issues including the unilateral institution of drug testing, drug screening techniques, random drug testing,…

An examination of polygraphy and the usefulness, reliability and admissibility of polygraphy evidence.

The author draws upon Privacy and Freedom (Westin, Athenaeum, 1967) to identify three surveillance techniques: observation, extraction and reproduction, and to discuss the propriety of each as a detection, control…

A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]

What arbitrators should know about the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)